Appeal No. 1997-0312
Application No. 08/371,311
aliphatic dimer fatty acid, especially since the blend of Sham may comprise as much as
90 parts by weight of a polyester that is not modified with a dimer fatty acid. We also
concur with the examiner that it would have been obvious for one of ordinary skill in the art
to prepare the polyester of Sham by using the 1,4-cyclohexane-dimethanol of Eagles as
the diol component. However, we are in agreement with appellants that the disclosure of
Sham, considered alone or in combination with Eagles, does not teach or suggest the
presently claimed polyolefin as a component of the blend. While it is the examiner's
position that Sham teaches the use of polyolefins at column 3, lines 10-14 and, also, at
column 5 (ingredients g,q,t,u), we agree with appellants that Sham's disclosure of "an
adduct of a diene polymer or an ethylene-propylene copolymer to maleic anhydride or a
diene polymer or ethylene-propylene copolymer substituted with an amino, carboxyl, acid
anhydride or hydroxyl group" (column 3, lines 10-14), is not a disclosure of a polyolefin but,
rather, various derivatives of polyolefins. When ingredients g,q,t and u of Sham are
considered in light of the general teaching at col. 3, lines 10-14, we are persuaded that
one of ordinary skill in the art would not have interpreted Sham as disclosing a polyolefin
as a component of the blend, as the term polyolefin is generally defined in chemical
literature. Hence, since Eagles is not relied
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